Capacity to Stand Trial: Pitfalls of Legal Interpretation

1994 ◽  
Vol 39 (2) ◽  
pp. 113-115 ◽  
Author(s):  
David M., Greenberg
Keyword(s):  
Functional Capacity ◽  
Subject Matter ◽  
Criminal Code ◽  
Best Interests ◽  
Psychotic Symptoms ◽  
Legal Interpretation ◽  
Fitness To Stand Trial ◽  
The Subject ◽  
Court Of Appeal

Legally, the concept of fitness to stand trial is fixed and absolute. Psychiatrists view fitness as a homeostatic functional capacity. The Ontario Court of Appeal recently set a precedent (Queen versus Taylor) for a standard of fitness to stand trial by interpreting the criteria for unfitness as defined in terms of Section 2 of the Criminal Code. They held that only a factual understanding of these criteria is required by the courts. A person suffering from acute psychotic symptoms with delusions which relate to the subject matter of the trial, who act contrary to their best interests and who are disruptive in their behaviour to the orderly flow of the trial may still fulfill the criteria for fitness to stand trial. The writer illustrates some important implications of this decision and suggests recommendations to current legal interpretations of a clinical capacity.

scholarly journals FORENSIC CHARACTERISTICS OF THE OFFER, PROMISE OR THE PROVISION OF IMPROPER BENEFITS: THE SUBJECT-MATTER OF A CRIME

2020 ◽  
pp. 19-25
Author(s):  
Г. О. Гончарук
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Intangible Assets ◽  
Criminal Code ◽  
Local Currency ◽  
Judicial Practice ◽  
Proposal A ◽  
The Subject ◽  
Definition Of

The article is devoted to the definition of the subject-matter of such corruption crimes as a proposal, a promise or the provision of an undue benefit (stipulated in Article 369 of the Criminal Code of Ukraine). The normative legal acts, forensic scientific literature, and also the analysis of judicial practice are studied. It is ascertained that to the subjects of the proposal, the promise or the provision of undue benefits, that is, the crimes provided for in Art. 369 of the Criminal Code of Ukraine can be classified as: a) cash, b) benefits, c) benefits d) services, e) intangible assets, f) other property. Taking into account the following forming properties, it is expedient to subdivide the objects of the offer or the promise of improper benefit to the official for real and symbolic. In accordance with the analysis of judicial practice, the average subject-matter of a proposal, promise or provision of improper benefit to an official is cash in local currency (UAH) in the amount of UAH 6286.70.

Paris Embraces Modern Art – But Not in Court: Opinion on the Cour d’Appel de Paris Decision – Jeff Koons v Franck Davidovici

2021 ◽  
Author(s):  
Moritz Sutterer
Keyword(s):  
Subject Matter ◽  
Modern Art ◽  
Applicable Law ◽  
Traditional Notion ◽  
The Us ◽  
Exceptions And Limitations ◽  
The Subject ◽  
First Time ◽  
Jeff Koons ◽  
Court Of Appeal

Abstract In February 2021 the Paris Court of Appeal (Cour d’appel de Paris) rendered a decision against the US artist Jeff Koons, holding that he had infringed copyright relating to an advertisement photography that was more than 30 years old. Jeff Koons is famous for his Neo-pop Appropriation art – kitsch for some, a provocative breach with the traditional notion of art for others. It was not the first time Koons has had to defend his work in court. The French decision is particularly interesting, however, as it shows a very narrow understanding of the copyright exceptions. It is an illustrative example of the issues resulting from CJEU’s approach in Pelham, Spiegel Online and Funke Medien, where the Court held that once the recognisability of original elements has been established, the only way out of the infringement leads through the formal exceptions and limitations of the InfoSoc Directive. Based on the decision, I will reflect on the openness of copyright for art-specific forms of referencing and in particular analyse the subject matter and scope of the parody exception and contrast it with less formal approaches to consider new creative elements. I will also analyse the question of applicable law in internet cases.

Ten Years of the Botswana Matrimonial Causes Act—Further Proposals for Divorce Reform

1982 ◽  
Vol 26 (2) ◽  
pp. 163-176
Author(s):  
A. J. G. M. Sanders
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Frame Of Reference ◽  
Customary Law ◽  
National Assembly ◽  
High Court ◽  
The Subject ◽  
Court Of Appeal

The Matrimonial Causes Act, 1 of 1973 (Cap. 29:07 of the Laws of Botswana) was passed by the National Assembly on 27 October, 1972. It was assented to by the then President of Botswana, the late Sir Seretse Khama, on 2 February, 1973, and entered into force a week later on 9 February, 1973. The Act applies to civil marriages only, i.e. marriages concluded in terms of the Marriage Act (Cap. 29:01); customary law marriages have been excluded from its operation. As its short title indicates, the Act deals with matrimonial causes, that is to say divorce, judicial separation and the annulment of marriages and matters incidental thereto such as the property rights of spouses, custody, guardianship, maintenance and the jurisdiction of the courts.During its first 10 years of existence the Act has been the subject-matter of many a decision of the High Court and provisions of it have been considered also by the Court of Appeal. Most of these decisions deal with divorce. In academic circles, too, the Act received attention, witness the review by Chris Himsworth in theJournal of African Law. This review was written immediately after the Act came into force. An updated account is therefore appropriate. As I intend to approach the Act from a broader historical and jurisprudential angle, I will deal with it afresh rather than use Himsworth's penetrating but positivistic analysis as a frame of reference.

Part IV Vitiation, 12 Mistake

2021 ◽  
Author(s):  
Andrews Neil
Keyword(s):  
Subject Matter ◽  
Lever Bros ◽  
Essential Difference ◽  
Face To Face ◽  
Mistaken Identity ◽  
Mistaken Assumption ◽  
The Subject ◽  
English Law ◽  
A Minor ◽  
Court Of Appeal

Occasionally English law will treat an apparent contract as void because both parties have suffered a misapprehension concerning the nature of the subject-matter. A shared fundamental mistake renders the supposed agreement a nullity. But this is possible only in extreme circumstances. English law adopts a narrow approach to mistake. In the leading case, Bell v Lever Bros (1932), Lords Atkin and Thankerton, members of the three-judge majority, considered that the test for shared mistake is whether an error has occurred which involves an essential difference between reality and the parties’ shared mistaken assumption. Because of the narrow way in which this restrictive formulation has been applied, the doctrine of shared mistake occupies a minor place in practice. An attempt by Lord Denning in Solle v Butcher (1950) to create in Equity a parallel and more pliable doctrine of shared mistake was repudiated in 2002 by the Court of Appeal in ‘The Great Peace’. But a contract can be a nullity where there is no consensus because an offer has been made to an identified person whose identity has been adopted by an impostor (who communicates other than face-to-face with the offeror). But if the impostor and offeror meet face-to-face, a voidable contract is likely to be found. This branch of the doctrine of mistake is known as ‘error as to identity’ or ‘mistaken identity’.

Reservation of title in England and New Zealand

Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 195-209 ◽  
Author(s):  
Gerard McCormark
Keyword(s):  
New Zealand ◽  
Subject Matter ◽  
The Other ◽  
Other Hand ◽  
House Of Lords ◽  
The Subject ◽  
The One ◽  
Court Of Appeal

Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.

Rule 222 Subject-matter of the proceedings before the Court of Appeal

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Subject Matter ◽  
The Subject ◽  
Court Of Appeal

Rule 222 UPCARoP, implementing Art 73(4) UPCA, demonstrates that the subject matter of the proceedings at first instance should not be repeated in toto before the Court of Appeal and that the appeal should not be burdened with new subject matter.

scholarly journals Unconstitutional legislative solutions established through the 2014 Criminal Code

2016 ◽  
pp. 115-132
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Criminal Code ◽  
Constitutional Court ◽  
Preventive Effect ◽  
Economic Context ◽  
The Social ◽  
The Subject

The study continues the presentation of the jurisprudential evolution of the constitutional court, from the acknowledgement of the legal norm’s unconstitutionality to the acknowledgement of the unconstitutionality of the legislative solution promoted through the said norm, with precise reference to the field of substantive criminal law. The constitutionality control transcends the strict framework of the limitations of the referrals addressed to the Court, aimed at removing from the legislative system those provisions which resume the legislative solutions acknowledged as being unconstitutional. Thus, it is emphasized not only the sanctioning effect upon the norm constituting the subject matter of the exception of unconstitutionality, but also the preventive effect of the constitutionality control, through the legislator’s impossibility to resume the legislative solution declared unconstitutional, with the exception of the situation in which a change of the social and economic context takes place.

Rule 242 Decision of the Court of Appeal

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Subject Matter ◽  
Legal Aspects ◽  
The Subject ◽  
Court Of First Instance ◽  
Court Of Appeal

Although the subject matter relevant for the appeal proceedings is limited pursuant to Rule 222, the obligation of the Court of Appeal to decide on the basis of the relevant subject matter is as comprehensive as that of the Court of First Instance. The Court of Appeal is not limited to merely reviewing legal aspects or to the cassation of decisions of first instance. It is a completely new instance on factual and legal matters.

scholarly journals Children as Research Subjects: The Ethical Issues

2015 ◽  
Vol 6 (1) ◽  
pp. 6-10 ◽  
Author(s):  
Nahid Ferdousi
Keyword(s):  
Subject Matter ◽  
Ethical Issues ◽  
Research Process ◽  
Best Interests ◽  
Research Practice ◽  
Research Subjects ◽  
Ethical Considerations ◽  
Physical Frailty ◽  
Global Concern ◽  
The Subject

From the very beginning of civilization, children are made the subject matter of many social and clinical researches. Due to the vulnerabilities of physical frailty and mental immaturity, children’s interests and rights need to be protected from the risks associated with any kind of research. Recently, there has been increased global concern towards the involvement of children in research for the protection of their rights by the ethical research practice. It emphasizes upon the ongoing nature of ethical considerations that ethical issues need to be considered throughout the research process and even the post research ethical issues are equally significant. The study explores some of the major ethical issues that arise in research involving children during and after the research in terms of the best interests of the children.Bangladesh Journal of Bioethics 2015 Vol.6 (1): 6-10 

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